first 10 amendments
bill of rights
1st amendment
freedom of speech, press, assembly, and petition
2nd amendment
right to bear arms
3rd amendment
quartering of troops
4th amendment
prohibits unreasonable searches and seizures
5th amendment
criminal proceedings; due process; eminent domain; double jeopardy; self incrimination
6th amendment
criminal proceedings
7th amendment
civil trials
8th amendment
cruel and unusual punishment; punishment for crimes
9th amendment
unenumerated rights
10th amendment
powers reserved to the states
positive acts of government that make constitutional guarantees a reality
civil rights
protections from arbitrary acts by government
civil liberties
one who is not a citizen of the state he lives in; foreign born citizen
ALIEN
government must act fairly and in accordance to law when it come to dealing with its citizens
due process
extended due process to the national government
5th amendment
extended due process to the states
14th amendment
prohibits the establishment of a religion or the sanctioning of an existing religion by government
establishment clause
what did thomas jefferson say about the establishment clause?
it was a wall of separtation between church and state
guarantees to each person the right to believe whatever the person chooses to believe in matters of religion
free excercise clause
false and malicious use of printed words
libel
false and malicious use of spoken words
slander
designed to protect reporters against being forced to disclose sources
shield laws
expression by conduct (type of protest)
symbolic speech
patrolling of a business site by workers on strike to influence public not to deal with their employer
picketing
practice of spying for foreign power
espionage
happens only in war time by supporting enemies (only crime defined in constitution and says must have 2 witnesses)
treason
involves an act of destruction intended to hinder a nation's war or defense effort
sabotage
incitement of resistance to lawful authority
schneck vs U.S.
sedition
difference in democracy and dictatorship
extent of authority
cases in individual rights and idea of limited govt
west virginia board of education vs barnett, myersville vs gobitus
cases in each persons rights are relative to the rights of others
schneck vs US (clear and present danger rule)
cases when other rights effect the rights of others
sheppard vs maxwell (gag orders)
cases where aliens may be restricted by the priveleges and immunities clauses
korematsu vs US
how did ex parte endo relate to korematsu
once loyalty of korematsu was established, no restrictions could be placed on his freedom to travel that was not legally imposed on all other citizens
said school can force students to say the pledge.
myersville vs gobitus
reversed myersville vs gobitus; said school cannot force students to say pledge
west virginia board of education vs barnett
set up clear and present danger rule
schenck vs US
set gag orders
sheppard vs maxwell
priviledges and immunities
citizens of US have right to travel freely but aliens may be restricted priveleges and immunities
interstate rendition
extradition
the scope of the bill of rights first affected the national govt in this case
barron vs baltimore
this court case nationalized 5th amendment to the states
gitlow vs new york
extended freedom of speech to the states
fiske vs kansas, stromberg vs california
extended freedom of press to the states
near vs minnesota
extended freedom of assembly and petition to the states
dejonge vs oregon
extended freedom of religion to the states
cantwell vs connecticut
extended unreasonable searches and seizures to the states
mapp vs ohio
extended prohibition of cruel and unusual punishment to the states
robinson vs california
extended right to consul to the states
gideon vs wainwright
this court case prohibitted self incrimination to the states
malloy vs hogan
extended right to confront witnesses to the state
pointer vs texas
extended right to call witnesses on your behalf
washington vs texas
extended right of speedy trial to the states
klopfer vs north carolina
extended right to trial by jury to the states
duncan vs louisiana
court case that prohibitted double jeopardy
benton vs maryland
9th amendment
there are rights beyond those set out in the constitution (unenumerated rights)
these court cases dealt with 9th amendment
escobeda vs illinois, roe vs wade
this court case says a person cannot be tried on evidence unlawfully gained
escobeda vs illinois
this court case gave women the right to abortion without interference by the govt
roe vs wade
3 conditions of abortion set out in roe vs wade
1.during 1st trimester, the woman can choose life or to abort without interference; 2. during second trimester, state can make regulations about how, when, and where abortions can be but the cannot prohibit the abortion; 3. during the final trimester a st
what reason do you think the supreme court found that the right to a fair trial outweighed freedom of the press in sheppard vs maxwell?
due to the extravagant news portrayed by the media, the press' freedom of press interfered with sheppard's right to a fair trial. our rights end where another person's begin. jury was influenced.
what protections do the 1st and 14th amendment give to freedom of religion
1. establishment clause-prohibits "establishment of religion", and gives freedom of religion. 2. free excersize clause-prohibits arbitrary interference by the govt in the free excersize of religion. it also prohibits the states to interfere with free exce
this article says no religious test can be given to anyone for a govt job
article 6 section 3
what case ruled there can be no religious test given to anyone to qualify them for a govt job and extended this to the states
torcaso vs watkins 1961
2 cases on the establishment clause
pierce vs society of sisters, everson vs board of education
these cases deal with released time programs to students (2)
mccollum vs board of education, zorach vs clauson
what is released time program?
allows public schools to release students from class to attend religious classes
what are the six cases on point involving prayer and the bible in public
engel vs vitale, abington school district vs schempp, murray vs curlett, stone vs graham, wallace vs jaffree, lee vs weisman
general ruling concerning religion and prayer
the court has help that public schools cannot sponsor religious exercises. but it has not held that individuals cannot pray, when and as they choose, in schools, or in any other place. nor has it held that students cannot study the bible in a literary or
state the equal access act of 1984
declares that any public high school that recieves federal funds must allow student religious groups to meet in the school on the same terms that sets other student organizations
2 cases on point of the equal access act of 1984
westside community schools vs mergens, rosenburger vs university of virginia
2 cases on point of evolution
epperson vs arkansas, edwards vs aguillard
3 cases on point of seasonal display
lynch vs donnely, county of allegheny vs aclu, pittsburg vs aclu
what questions are in the three pronged lemon test?
1. purpose of aid must be clearly secular, 2. its primary effort must neither advance nor inhibit religion, 3. it must avoid the "excessive entanglement of govt with religion.
what is the lemon test
a three pronged test that sets up the standard concerning state aid to religious or perochial schools
what case established the lemon test
lemon vs kurtzman
5 cases on point for the free excercise clause
reynolds vs US, bunn vs North Carolina, cantwell vs connecticut, myersville vs gobitus, wisconsin vs yoder
what does the 1st and 14th amendment say about democracy and freedom of expression?
1st amendment protects unpopular views and all of our rights are relative
explain what justice oliver wendell holmes ruling in abrams vs US, 1919.
the best test of truth is to get it accepted
how does the supreme court define obscenity?
anything that offends the average person, applying contemporary community standards. anything that is lude.
case on point of obscenity and was the first to define it.
roth
questions that determine whether or not something is obscene?
1. does it excite lust, 2. graphic sex experience, 3. the works lacks serious literary, artistic, political, or scientific value.
decides whether or not there is enough evidence to go to court
grand jury
determines guilt or innocence
petit jury
a formal finding by a jury that there is sufficient evidence against a named person to warrant his/her arrest
indictment
formal accusation of a crime brought by a grand jury of its own motion
presentment
money that accused may be required to post as a guarantee that he/she will appear in court at proper time
bail
a trial held without a jury; judge decides
bench trial
prohibitted by 5th and 14th amendment; trial a second time for a crime of which accused was acquitted in first trial
double jeopardy
body of evidence
habeas corpus
govt must act fairly and in accordance to the law when dealing with its citizens (5th and 14th amendment)
due process
2 types of due process
procedural and substantive
process by which the govt acts is unfair
procedural due process
substance of the law itself is unfair
substantive due process
power of each state to act, to protect, and promote the public health, safety, morals, and general welfare
police power
amendment that says government cannot deprive a person life, liberty or property
5th
amendment that extends 5th amendment to states
14th
police officers have general right to search for evidence or to seize evidence or person when they have this
probable clause
the rights that are said to you when you are arrested. you have the right to remain silent and anything you can be used against you in court, they have right to attorney and if you cannot afford one then one will be appointed to them
miranda rule
court order authorizing a search
search warrent
3rd amendment
no soldier can quarter in someones home without their permission
4th amendment
prohibits unreasonable searches and seizures without a warrent
punishment without a court trial
bills of attainder
criminal law applied retroactively to the disadvantage of the accused
ex post facto laws
involves an act of destruction intended to hinder a nations war or defense act
sabotage
evidence gained by illegal or unreasonable means cannot be used at the court trial of the person from whom it was seized
exclusionary rule
supremee court held hat reporters like other citizens must respnd to reveent questions put to them in court but they dont have to reveal their source
confdentiality
3 standards of obscenity
excites lust.
graphic sex experience.
does it have any constructive value?
restraining words that have not yet been said
prior restraint
ACLU
American civil liberties union
1st amendment freedoms
freedom of religion, speech, press, assembly, and petition
expression by conduct
symbolic speech
this court case led to the ban of prayer in public schools
murray vs. curlett
refers to the fact that all jdges participate in the ruling of a case
en banc
person without a name
persona non grata
friend of the court
amicus curariae
how many articles are there?
7
how many amendmens are there?
27
this article tels the process of how to change an amendment
article 5
one of most important powers of the supreme court to declare something unconstitutional
judicial review
set up lower court system
judiciary act of 1791,1789
highest court in the land that was onlt one set up in constitution
supreme court
handle 80% of all federal case loads
federal district courts
supreme court justice who laid down clear and present danger rule
oliver wendell holmes
says a state arose as a voluntary act of free man and our government is based on this
social contract theory
parties in case
litigant
means leave it alone and adam smith said it
laissez faire
party in a case who must defend against the complaint
defendents
party who brings a suit against another party in a case
plaintiff
contraversial issue that is attached to a ill that is guaranteed to pass congress
rider
presdency officer of the house of representatives
speaker of the house
bill that dies in committee
pigeonholed bill
senates antifilibuster weapon
cloture rule
only thing that will revive a dead bill
dischare petition
investigated trip at taxpayers expense
junkets
federalsim
government is divided by geography
short condensed version of facts of case
brief
traffic cop of the house
house of rules committee
wire basket on clerk of house desk that all bills are intoduced by
hopper
ropsed law
bill
a bill that is printed in its final form
engrossed
without the consent of another
sine die
to over rule
veto
release from the punishment or legal consequences of a crime (power of pres.)
pardon
blanket pardon (power of Pres)
amnesity
official postponement of execution of a sentence (Power of Pres)
reprieve
extended war making powers of president
war powers resolution
father of constitution
james madison
article 1 section 8 clause 18
elastic cause
jury selection process
voir dire
who impeaches
house
who convicts
senate
trial a second time for crime of which the accused was acquitted in first trial
double jeopardy
body of evidence
habeas corpus
reasonable grounds
probable cause
to send back a case to another court or agency for further action
remand
satisfaction of a claim
redress
document between two countries and must be ratified by 2/3 of senate
treaty
oldest serving in the house
dean of the house
2 house legislature
bicameral
designed to limit pre trial publicity in a high profile case
gag orders
represents the sumpreme court
solicitor general
headof united nations
secretary general
authority of court to hear a case
jurisdiction
serve as principal military advisrs to president national security council and secretary of state
joint chiefs of staff
CIA
central intelligence agency
FBI
federal bureau of investigation
certificate issued by the country you live in
passport
certificate issued by country you wish to go to
visa
ability that president has to send or receive dipomates
right of legation
branches if armed forces
airforce
navy
marines
americas caretaker of our foreign affairs
secretary of state
dominant political insttution
state
body of residential electors chosen in each state
electoral colege
purpose is to weed out presidential candidates
primaries
FEC
federal election commission
FED
federal reserved system that is the central banking system in US
power to reduce the length of a sentence or fine of a crime
cammutation
set out in 5th amendment that says that governmentcan take propety but must pay you market value
eminent domain
this case set up path for roe vs. wade
grizwall vs. cnnecticut
determines if they supreme court will even hear a case
rule of four
Article 1
legislative
article 5
ways constitution can be ammended
article 2
excutive
article 3
judicial
amendment that set freedom of religion
1
amendment that abolished slavery
13
amendment that deals with presidential succession
25
amendment that reduced the voting age
26
amendment that set up prohibition
18
amendment that repealed prohibition
21
amendment that set jan. 3 as new congressional term
20th
latin word meaning i forbid
veto
this court case dealt with double jeopardy
benton vs. maryland
this court case said you had to read a persons rights to them before they were arrested
miranda vs. arizona
this court case laid down obscenity test
miller vs. california
court case that dealt with reasonable suspicion
new jersey s. TLO
this case dealt with shield laws
branzenburg vs. hayes
this case dealt with icketing
thronhill vs. alabama
this case symblic speech
u.s. s o'brien